Phillip Millar

The applicant sought to amend his human rights application to add disability as a ground of discrimination, alleging he was terminated without cause after suffering a workplace injury and filing a WSIB claim.

The Tribunal granted the request, finding that the proposed amendment was connected to the original allegations and that the respondent would suffer no prejudice given the early stage of the proceeding.

The applicant, a gas station attendant, alleged she was terminated because of her sex (pregnancy) and family status.

The respondent failed to comply with disclosure rules and was barred from calling witnesses or presenting documentary evidence.

Despite this, the Tribunal found the applicant failed to establish discrimination.

The evidence showed her termination resulted from performance issues and a dispute over whether she had to pay for a customer's gas 'drive-off', rather than her recently discovered pregnancy, which the terminating manager was not proven to know about.